NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Tenant Who Deducted Rent as Business Expense Can’t Claim Primary Residence

October 23, 2015    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled against landlord after a trial, finding that tenant lived in the subject apartment and not at his wife’s apartment...

Court-Approved Agreement to Deregulate Apartment Is Void

October 23, 2015    

Landlord and tenant settled a prior eviction proceeding based on owner use in court. Tenant received a 10-year unregulated lease, with a five-year renewal option. Tenant also “waived” all rights under...

Former Roommate Entitled to Compensation from Tenant

October 23, 2015    

Tenant’s roommate left the apartment for vacation travel in October 2014 but was unable to return to New York until January 2015. She sought to make arrangements for the return of her personal property from...

Landlord Gets Minor Set-Off to Security Deposit Refund

October 23, 2015    

Former tenant sued landlord in small claims court to recover his security deposit. The court ruled for tenant in part, awarding him $1,729 after set-offs. Landlord appealed and lost. Landlord claimed that tenant...

Two-Family House Used as 10-Room Rooming House Became Rent Stabilized

October 18, 2015    

Landlord sued to evict tenant from top-floor apartment of a two-family house. Landlord claimed that tenant was unregulated. Tenant claimed that he was rent stabilized. At trial, landlord admitted that in 1993 or 1994...

Primary Residence Case Reopened for New Trial

October 18, 2015    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court granted tenant’s request to dismiss the case after landlord presented its part of a trial. Landlord appealed, and the case was...

Landlord Seeks Eviction of Occupant Living in Parking Garage

October 18, 2015    

Landlord sued to evict an occupant from two parking spaces located in the parking garage of a residential building after sending a notice to quit to the occupant as a licensee who no longer had permission to occupy...

Co-op Corporation Rejected Shareholder Tenant's Proposed Sale

October 18, 2015    

Shareholder tenant sued landlord cooperative corporation, the co-op board, and individual board members, for breach of fiduciary duty after the co-op board decided not to approve tenant’s proposed sale of his...

Tenant’s Son Claims Succession Rights to Former Mitchell-Lama Apartment

October 18, 2015    

Landlord sued to eject rent-stabilized tenants and tenants’ adult son, claiming that tenants no longer used the apartment as their primary residence. The court granted tenants’ request to dismiss the case...

Court Excuses Tenant’s Minor Delay in Paying Back Rent

October 15, 2015    

Landlord sued to evict elderly rent-stabilized tenant for chronic nonpayment of rent. The court appointed a guardian ad litem (GAL) for tenant. Landlord and tenant signed a settlement agreement in court. Under the...

Was Landlord Responsible for Attack on Building Visitor?

October 15, 2015    

An apartment building visitor sued landlord for two apartment buildings, claiming negligent building security and gross negligence. The court granted landlord’s request to dismiss the case without a trial. The...

Court Sets Aside Settlement Agreement

October 15, 2015    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent, and they signed a settlement agreement in court. Tenant later obtained an attorney and asked the court to vacate the settlement. She now claimed...